Legal Question in Workers Comp in New York

worker's compensation

I recently re-opened a worker's comp case and are still being treated for the injury. The insurance carrier is withholding my benefits saying that they have a credit . I have no income and need the benefits what should I do ?


Asked on 6/25/08, 2:30 am

3 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: worker's compensation

contact my office ASAP, we will be able to help you with no out of pocket fee.

you may reach us at 212.709.8303

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Answered on 6/25/08, 9:51 am
Frank Cetero Cetero & Ghanayem

Re: worker's compensation

The odds are you got a Schedule loss of use to an arm or leg and at ome point in time walked away with a lump sum of money. Now, if the case is reopened the carrier doesn;t have to pay you until you have absorbed the prior payment. Ex. If you received $8000 lump sum payment and 2 year later need surgery or loose time from work due to your comp can, the carrier does not have to pay you for 20 weeks. Most people just end up geting an increase in SLU at some later time, which will inturn move addition money. If you would like to discuss this matter more, please feel free to call me in my office. 631

361

7979

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Answered on 6/25/08, 9:23 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: worker's compensation

The insurance carrier has a right to withhold income and take a credit until the benefits from the prior award are over. There is nothing you can do. Perhaps you can apply for Social Security Disability to obtain benefits.

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Answered on 6/25/08, 8:26 am


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